Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-07-13
TO PAY THE PEN ATTY.
RESPITE As ASKED BY TIE SHERIFF
REFUSED PURYgAR
Letter Of the Governor Disposing OF the
Question Raised by M.
W. d. Temple
The Governor yesterday sent the fol-
lowing to the sheriff of Prince George

county:
COMMONWEALTH or VIRGINIA,
Governors OFFICE,
"RICHMoND, VA, July II, 1897
"Nr. William u. Tcmpic, Mcri6
Prince GCOrgc cOUaty, Prince
Gcoy9c CoUrfhousc, Va. :
"My Dear Sir,-I have duly received
your letter recommending that a re-
pricve OF sixty or ninety days be grant
al TO Holmes Il. Puryear, sentenced to
hc banged on the 18th instant for the
murder Of his wife. The request is
made because the validity Of your cleo
tion as sheriff of the county will come
before the County Court on the l4th
instant, and because (as you say) your
services will he needed in attendance
upon said court, which will prevent
You from conveying the prisoner from
the jail IN Petersburg, where he IA now
confined, 10 Prince George Courthouse,
the place fixed for his execution.
"Cpon examination Of the record ]
find that the offence for which Puryear
was tried and convicted was committed
on the Nth Of June, 1885 lover two
years ago. that he was sentenced on
the 25th of May, 1886, and resentenced
Oh the 9TH Of May 1887 that the case
was removed from Dinwiddie to Prince
George county in order to remove the
prisoner from local prejudice; and that
the sentence Of the trial court was
unanimously reaiTirmcd by the highest
court in the State. ] also ascertain
that You havo been sheriff of your
county for the past four years, and that
the term Of your Office expired On the
lst day of last July; that an election
was held the 2Gth of May last, in which
yOu were the candidate again for the Of
fee, and that You have received the
certificate of election and qualified as
sheriff prior to the 1st of July, 1887.
1t is true that your competitor has in
stituicd suit to test the validity of your
election, and has obtained a mandd-
mus HiSi from the court asking that the
commissioners be required to give him
the certificate of election, but i'll all
probability, whatever the decision of
the lower court, an appeal will be
taken TO the Circuit Court, which does
not now meet until the 7th of Novem-
Der next, when the case will probably
not be decided until the 18th of the
month while being mandamus case,
in may be carried to the Court of APP
peals
"ln view Of the fact that You are the
officer legally charged with carrying
ont the mandate Of the court in this
case because you hold over until your
successor is appointed and duly quail
fed, and because the order of the Cir
cult Court is mandatory upon you,
whatever may he your relations to or
duties in the County Court Of Prince
George, and for the reason that be-
licve that the decisions of courts should
never he interfcred with by the EXecu-
tive except for good and sufficient rea-
sons. / regret that cannot consistent
~ with my official vow and my duty to
the State grant, for the reasons given
10y YOU, a rcpricve to Holmes Il. Pur-
yoar
" am, very respectfully, your obedi-
ont servant. F.TzHuGH Ike"
This letter disposes of the question
Of respite as presented to the Governor
in the shcrin's statement, but does moi
exclude the idea that the Governor if
applied to by the prisoner will give him
some little additional time i'll which t.
prepare for death.